Summary: We will not investigate this complaint about the Care Provider allegedly failing to notify Mrs Y’s energy provider when she moved into her property. We cannot investigate matters that do not involve, or are not connected to, the provision of adult social care. We therefore have no power to investigate the complaint.

The complaint

1. Mr X complained the Care Provider delayed notifying the energy supplier for nearly three years when his mother, Mrs Y, moved into her property in a retirement village. He said the this meant Mrs Y suddenly received an energy bill for £4,500, which he said caused Mrs Y significant distress. He said the matter had also caused him and his sister significant inconvenience.
2. Mr X said the Care Provider offered £500 compensation to Mrs Y, but he did not believe this was sufficient and wanted it to pay the outstanding energy bill.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We can investigate the actions of adult social care providers. This is defined as “a person who carried on an activity which:

• Involves, or is connected with, the provision of adult social care, and
• Is a regulated activity within the meaning of Part 1 of the 2008 Act.”

(Local Government Act 1974, Part 3A)

5. ‘Regulated activities’ include giving personal care or other practical support in the place where the person lives.
6. The law defines ‘personal care and other practical support’ as ‘physical assistance (or prompting and assistance) given to a person in connection with:

• eating or drinking (including giving nutrition other than by mouth or alimentary canal);
• toileting (including in relation to menstruation);
• washing or bathing;
• dressing;
• oral care; or
• the care of skin, hair and nails (except for nail care provided by a chiropodist or podiatrist)’.

(Local Government (Health and Social Care Act 2008 (Regulated Activities) Regulations 2010) 

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The matter Mr X complains about relates to the Care Provider’s role in the provision and management of Mrs Y’s property in a retirement village. The complaint is not about the provision of care, or matters that are connected to the provision of care.
10. Although the Care Provider is a body we could investigate, the complaint is not about an action that we have any powers to investigate.
11. It is open to Mr X to contact the Housing Ombudsman, which may be able to investigate the matter depending on the arrangements under which Mrs Y has bought or leased her property. The Care Provider also signposted Mr X to the Property Ombudsman, which it is open to Mr X to contact.

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Final decision

12. We will not investigate Mr X’s complaint because it is not about the provision of adult social care as defined by law and so we have no legal power to do so.

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Investigator's decision on behalf of the Ombudsman